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tv   [untitled]    September 27, 2013 4:00pm-4:31pm PDT

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>> good evening and welcome toet september 18,2013 board of appeals. the presiding officer is chris hwang and joined by frank fung and darryl honda and arcelia hurtado and our vice president will be absent today and. i am cynthia goldstein the board director and we are joined by people that have cases in the room and we have scott sanchez and from the planning department and i expect we will be joined
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by mr. dufty and representing building inspection and if you could go over the guidelines. >> the board requests that you turn off all cell phones and procedures. the rules are as follows. appellant and permit holders and representatives have seven minutes to present their cases and three minutes for rebuttals and parties affiliated with the parties must give comments during this time and parties not affiliated with the parties have three minutes to address the board but no rebuttals. to assist the board members of the public that wish to speak are asked but not required to give a speaker card or business card when you come up to the spoadium. the board
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welcomes your comments and suggestions. there are customer satisfaction survey forms up on the left side. if you have a request please talk to board staff during a meeting or call the office tomorrow morning and at 1650 mission three room 304 on van ness avenue and broadcast on sfgtv cable channel 78 and d.v.d's are available for purchase will directly from sfgtv. thank you for your attention. at this point we will go through the swearing in process. if you plan to give testimony tonight and please stand and say i do after you have been sworn in or affirmed. please note that any member of
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the public may speak without taking this oath pursuant to the sunshine ordinance and the administrative code. thank you. do you solemnly swear or affirm that the testimony is the whole truth, nothing but the truth? thank you. >> thank you mr. pacheco. we will start with item one which is public comment if you want wish to speak on an item not on the calendar tonight. seeing none we will move to item two, commissioners questions and comments. any questions? all right. item three which is your consideration of the board's minutes of september 11, 2013. >> i have review offed the minutes. i have no changes. >> no changes. >> on that i will move to adopt the minutes. >> okay thank you. is there any public comment on the minutes? seeing none then if you could
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call the roll please. >> we have a motion from the president to adopt the september 11, 2013 minutes. on that motion commissioner fung. >> i. >> commissioner hurtado. >> aye. >> vice president is absent. commissioner honda. >> aye. >> it's 4-0. it is adopted. >> thank you. next we will call appeal no. 13-058 and ali reza ebrahimi and bryan finoki v. department of building inspection. the subject property is one 1050 valencia street to protest for milton o'brien to build a building for bpa no. 2013/01/17/8234 for previous permit. this is on hearing for today and we will start with the appellant. please come forward. you have seven minutes to
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present your case. >> i would like to -- >> hang on. you need to speak into the motorcycle phone. >> i was. >> >> microphone. >> i was europe for three months and didn't have a chance to do a package and i will show you a couple of things because it will take seven minutes to read this. this is a 10-pound dumb bell rubber coated. i'm not going to damage this floor because it's carpeted. i wake up 5:30 a.m. in the morning until 11:00 p.m. at night -- not just 10-pounder. there is weight 75 pounds being dropped. when you do lat lifts drop up to 150 pounds, leg press
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200 pounds. this is has all the information here and pictures. they're saying that -- you know, they did the ceiling right and they have not -- because i can hear conversations. on my laptop i can play hours and hours of people talking -- not just dropping weights but talking. when you're ready i will put it up here. i will give you speakers or head phones. >> can you put that up. >> the ceiling has 19 places for lights. they're two by four. that is 152 square feet open space to my house. no instillation. there is no [inaudible] behind it. that is 152 square feet. this is not
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that important and they're opening response where it's a majority of false information and i say it on record because we don't have time to go through it. they're in yellow and false information and accusation. they have weight racks and up to 75 pounds and a dead lift. it's not a huge one but it's a dead lift. this is a leg press where they say it doesn't make noise. they have four treadmills. i uf love technology. this is my cell phone. sorry i am shaking. this is one year of just agitation. this is a sound
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pressure meter with nobody talking in this room. 60-decibels is peak. in here they suggest that their gym is at 58 and 67 maximum. you have this. it's insane, of course. i've tried to get in touch with a milton o'brien since day one. we didn't get to speak not even once. the only connection we had -- i don't know who responded to this that basically we gave them our whole case. we have email to your building --
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sorry. we have forwarded the email to the owners of the building. thank you. lift fit. this is the only response i have gotten in the last year from the gentleman behind me and his son who is behind me. there is a couple of times i tried to get the number from him for his father. he wouldn't give me the number. he basically told me basically i had to live with the times and i said asked when they were open and he told me the hours and he said "i needed to change my evening patterns." that's a quote. i have from this gentleman is that basically i responded to -- to me -- okay, right here. i explained -- to him i explained there a multi-apartment unit and i wanted to make sure they take our consideration -- our --
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consider our concerns as well as take all the necessary action to insure the sound insulation was done properly and patrick -- the guy behind me, responded "it will be done but not perfect." there was none insulation done. they added one extra sheet of dry roll and they said they did it after we requested. they didn't do anything from the beginning until i started this process with you guys and they did zero and it's documented. i have every single email to my landlord, to the gentleman behind me. everything is here. i would love to play you some audio in terms what is important to you but i can spend the rest of the time reading the information. basically for the record i am not here to close the gym. that's not a concern
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here. i'm a yoga instructor and teaching at gold's gym and another big chain and i study sound design engineering and acoustic design and they know it and when i first told them this it seemed like it didn't matter so we have been going back and forth so no response. i have been dealing with the landlord. the landlord hasn't not responded until josh from hermar came to my house and i asked him to sleep on my bed for a minute and came at nine in the morning and after that he told them the situation and how loud it is in our room. i guess that's seven minutes. 20 seconds. so in my 20 seconds i can fire up any sound you like. i don't know if i can submit my information
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here, but the treadmill -- 150-pound person running at 7 miles an hour and one fowrd pound and -- free weight 55-pound drop from the bench. on the rubber map it's 94 ses bells. >> you will have more time in the rebuttal but i would like to hear the sound. is 15 seconds long enough? >> [inaudible] >> no. speaker. and i'm not sure how we will determine the actual sound, given that you can enhance the volume. >> not a problem here.
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>> okay. >> okay. >> and what time of day? >> it can start from 5:30 a.m. to -- >> what are we listening to? >> it will tell you. there is speech in front. >> it's weights dropping. >> this is my roommate in the bedroom -- >> in the kitchen. >> in the kitchen at 830. let me do it again. >> that's weights dropping. >> another dumb bell.
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>> 830 weights dropping. i'm in my kitchen. >> he's in the kitchen. >> (sound of dumb bell dropping on the above floor). >> i have better but these are just weights. what would you like? would you like to have people talking? >> i would like people talking. >> okay. just simple conversation. just a simple talk. >> (playing audio). [inaudible]
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>> it's a simple [inaudible] in the back -- [inaudible] >> okay. could i hear the music please? >> yeah, of course. let's see music. >> the gym class wednesday night at 830. >> that is 8:20 a.m.. i seen it. this is my bedroom. this is the insane thing that wakes up every morning. by the way if you know sounds when animals
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jump from the sound and earthquake and i have to wake up with fear they're running on the treadmill. you can look it up. [inaudible] >> that's good. thank you. >> you're welcome. i am sorry i'm just a little bit -- it's been a year of this. >> okay. i have a question about your submission? you said you were in europe. were you not aware of the deadlines for submitting the documents? >> i didn't know. i was gone and i will the letter we got was on the 12th. >> could you describe the contents of your submission? >> i have basically written two and a half page of what i would like to talk about, all the pictures from the gym, all the
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emails from the landlord and i from day one, the original letter that i have to josh that what we should do to make sure that this works out between both of us so there is no problem. >> okay. has the other side -- did you bring a copy for them to review? >> actually they have my email. >> no. the package that you would like the board to have. >> do they have it? >> no because they never respond to anything. >> that's okay. >> and i have analysis -- >> okay. we're good. >> yeah. >> thank you. >> this i believe is an extension; right? they had a previous that was -- i read somewhere in the package -- i read in the package -- >> it was rescheduled because
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the appellant requested it because of the traveling but there was no prior hearing. >> okay. >> my roommate is disabled. he can't walk. he's home bound basically. >> okay. we can hear from the permit holder now, mr. o'brian or whoever is representing him. you also have seven minutes. >> hello. thank you for being here tonight. -- hello, is that better? >> yes. >> thank you for being here tonight. >>i am jack mcman and representing lafit today. i think to get a better idea of this entire situation it's important for to you have idea of our background and what it is that we do. live fit gym and wellness club is exactly what it implies. we are a wellness club. things that come to mind with a gym are big loud weights
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and crashing music, things that you heard a few minutes ago. l our overall philosophy is more of whole body and person improvement and what that encompasses is a lot of spa like treatments and it's quiet and for a massage -- or a facial or anything like that it is much more calm, much quieter it is than at a gym and the only reason i am saying that now a loud gym would be directly against everything we are trying to promote and the reason we have been successful since we moved in in march, six months ago, on the edge of the tenderloin in knob hill because people are attracted to that and we have 300 members and a family gym and we're growing because of the quiet overall atmosphere.
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the complaint alleges that we are too noisy and we have done nothing to remedy this. that is actually not tree. in terms of mitigation we have done several things that are included in the packet and i can throw the images up at the end or whenever when you would like of our attempts to mitigate the sound. we installed isolator to the speakers and they take the speaker and drop it down off of the ceiling so it travels down and not upwards. we added another layer to the sheet rock to mitigate the sound. we turned our music down and to be frank it was not loud in the first place because of the overall atmosphere we try to encourage. we added two more
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layers of rubber flowing under the treadmills to his complaint. we tried to take it seriously and mitigate that. now the rubber flowing are almost half an inch thins and the gym except where the classes are held in this small 2500 square foot gym only a small portion is dedicated to classes and that has a hard wood floor but no weights are in there and the rest is covered by the rubber flowing. all of the weights are on pads on the rubber flooring. the next layers were added after the complaint was alleged and now it's virtually sound proof. we
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have dbi okay and we have taken the steps to be compliant and we are waiting on this appeal to get our final permit. the only thing holding up is this. we have two other locations, one on valencia street street and one in hayes valley. both of those are commercial spaces under residential apartments and never once in that time have we had a complaint from above. i'm not sure if you have had a chance to look at or not our petitions but we passed around them to the fellow neighbors that we share the building with and we got signatures from nine people above us that it's not too loud. that we are helping the community and they like the improvements made. once before
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we moved in it was a run down location and as one of the tenants of the building upstairs will attest to and it's in the letter that the blockbuster was noisier noise than the gym and people would be under where the gym is now at 1:00 o'clock in the morning. our gym is only open until 11. furthermore the location was abandoned after the blockbuster moved and before that was essentially a homeless shelter. there was human fesses , fecal matter and different living arrangements and people would come and crash forit night and leave and we improved the area and we chose this location because we care about san francisco. like i
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said at the beginning family owned gym. all of the owners are from san francisco and lived here their entire life and they care about it. one thing i did want to throw back up was if you don't mind is the reading of the decibel levels that we took. using the same phone app that the appellant used would you mind -- >> yeah, go ahead. >> okay. it's a little cut off. >> [inaudible] >> yeah, if you could. thank you. perfect. this was taken one of the days i was working as a fill in at the desk. the owner came in and wanted to see how loud our sound was to see the improvements that we made and this was taken during peak hours and this is the sound readings that we received.
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there was no ploy. we're not trying to fake anything. like i said at the beginning and i will close with this our goal as a gym is promote the wellness aspect and that essentially has quiet to the gym and in respect to the neighbors and tenants we try to mitigate the sound and this is the first time we've had this happen. thank you. >> a couple of questions. what is the structure of the floor? >> underneath the rubber matting or under the matting itself? >> under the mat rubber matting? wood frameed. >> like a commercial floor and wood frame. >> is there a basement below it? >> yes. >> have you had any testing
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done by a professional? >> besides from the dbi we have not. >> what is the entire structure look like because i understand the appellant's unit is right above the gym and i think he stated that there were 125 or i don't know exact number but the 19 lights -- >> sure. >> reflect -- basically comprise 120 square feet of his unit so i would like to get an understanding of the entire building structure. >> the entire structure is 2500 square feet -- >> no, the whole building. >> we have some pictures. the only pictures are of the construction. >> that's okay. just describe it. >> as you walk into the gym it's a square section with a slightly longer rectangle section in the
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back. to the left of that section -- if you can visually the box -- >> yeah, the house, the building. >> oh -- >> because you said there were tenants that never complainted. >> there's is probably around 30 units. >> 30 units. okay. >> above the building. >> you can speak directly into the microphone if you're more familiar. >> he does. >> yeah go ahead. >> what is your name for the record. >>i am milton o'brien and i am one of the owners of live fit wellness clubs. the entire facility is on the corner of bush and leavenworth and stands four stories tall and 32 units with an elevator and constructed in the early 1900's and 1910 and under historical what have you and mr. fung as you asked your
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question there is 1 inch for the joyces and another area that is not exposed in at least 50 years. >> and how many units are directly above the gym? >> probably one -- i would say at least -- at least half a dozen. >> okay. immediately directly above. >> immediately directly above. >> that's it? >> and there are multiple levels. >> and one unit and that's the appellant unit and basically impacted one unit. >> that's correct. >> and this gym has been in operation for six months? >> it opened up in march i believe. >> and prior to that it was vacant? >> it was desolate for many years. >> many years. okay. >> i can make a comment or can i do it now or i have a card and do your three minutes later.
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>> you can't do the three minutes later. you can do it for rebuttal. if you can hold your question i would like my questions answered. so if this has been in place since then and nothing was there prior for several years -- >> several years. >> how long -- are you one of the many landlords? you said you're one of the owner -- >> no, i am the owner of the gym itself. i have nothing to do with the owners of the business. >> okay. >> i'm a leasee. >> do you know is the owner here? >> no one put their hand up so no. >> thank you. i have nothing further for now. >> thank you. >> i'm sorry. can you tell me the duration of your lease? >> it's five years and five years. five years and five
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year option. >> from when to when, the date? >> from the top of my head i'm going to say around january 2013 for 5 years. >> okay. got it,. thank you. >> just to be clear because you're the permit holder your time so speak and the seven minutes and three minutes for rebuttal and you're not allowed to speak under public comment and i want you to understand. >> in rebuttal. >> you can if you wish and true for the family or any owner of the business. okay. thank you. mr. dufty -- oh mr. sanchez go for it. >> thank you. scott sanchez planning department. i just wanted to note a couple of facts for the record so the subject property at 1050 valencia stre

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